Rambux vs State

Heard on the instant application for suspension of sentences filed on behalf of the applicant-appellant. Perused the impugned judgment and the record.

Learned counsel Shri Manish Kumar Pitaliya pointed out that there are grave discrepancies in the version of the prosecutrix (PW.3) regarding the role attributed to the applicant-appellant. She was confronted with her previous statement recorded under Section 164 Cr.P.C. (Ex.P/1) wherein she did not level allegation against the applicant-appellant of having sexually assaulted her. She failed to offer any explanation for this significant

improvement/contradictions. He urges that the applicant-appellant was on bail during the course of trial and did not misuse the liberty so granted him.

He thus urges that the applicant-appellant has strong grounds so as to challenge the impugned judgment. On these grounds, Shri Pitaliya implored the

Court to accept the instant application for suspension of sentences.

Per contra, learned Public Prosecutor has vehemently opposed the submissions advanced by appellant’s counsel. However, she too is not in a

position to dispute the fact that the victim did not allege in her 164 Cr.P.C. statement (Ex.P/1) that the applicant-appellant subjected her to sexual

assault.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances as available on the

record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during pendency of the instant

appeal.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, POCSO Act Cases, Chittorgarh vide judgment dated 19.09.2019 in Special Sessions Case No.53/2018 (83/2017) against the appellant-applicant Rambux S/o Shri Nanu Gadri shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail,

provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.03.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to

the counsel in the High Court.

Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.

In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.